`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`QUALCOMM, INC.
`Petitioner
`
`v.
`
`APPLE INC.
`Patent Owner
`____________
`
`Case IPR2019-00322
`Patent 8,443,216
`____________
`
`JOINT REQUEST TO KEEP AGREEMENT CONFIDENTIAL AND
`SEPARATE UNDER 37 C.F.R. § 42.74(c)
`
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`Petitioner and Patent Owner (the “Parties”), jointly request to treat business
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`confidential information, and to keep separate from the file of the involved patent,
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`the true and complete copy of the Settlement Agreement (Exhibit 1019) between
`
`the Parties as referenced in the Joint Motion To Dismiss, filed concurrently
`
`herewith.
`
`The rules contemplate that agreements will be maintained as business
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`confidential information, upon request. See, e.g., 37 C.F.R. § 42.74(c), which
`
`provides that:
`
` A
`
` party to a settlement may request that the settlement be treated as
`business confidential information and be kept separate from the files
`of an involved patent or application. The request must be filed with
`the settlement. If a timely request is filed, the settlement shall only be
`available:
`(1) To a Government agency on written request to the Board; or
`
`
`
`(2) To any other person upon written request to the Board to make
`the settlement agreement available, along with the fee specified in §
`42.15(d) and on a showing of good cause.
`
`
`The present request, which is being filed contemporaneously with the
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`Settlement Agreement (Exhibit 1019), is timely and in accordance with the
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`foregoing authority. Therefore, the Parties request that the Settlement Agreement
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`
`
`1
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`
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`
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`(Exhibit 1019) (i) be treated as business confidential information, (ii) be maintained
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`separate from the publicly available file of the involved patent, and (iii) shall be
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`made available only to Federal Government agencies on written request, or to
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`persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and
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`37 C.F.R. § 42.74(c).
`
`
`
`Date: 4/30/2019
`
`
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`
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`Date: April 30, 2019
`
`
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`Respectfully submitted,
`
`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`For Patent Owner, Apple Inc.
`
` /John A. Marlott/
`John A. Marlott, Reg. No. 37,031
`Jones Day
`77 West Wacker Drive
`Chicago, IL 60601
`T: 312-269-4236
`For Petitioner, Qualcomm, Inc.
`
`
`
`2
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`
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